82R1187 YDB-D

By: Raymond H.B. No. 163

A BILL TO BE ENTITLED

AN ACT

relating to the criminal jurisdiction of the supreme court and the abolishment of the court of criminal appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 4.04, Code of Criminal Procedure, is amended to read as follows:

Art. 4.04. SUPREME COURT [OF CRIMINAL APPEALS]

Sec. 1. The Supreme Court [of Criminal Appeals] and each justice of the court [judge thereof shall] have[, and is hereby given,] the power and authority to grant and issue and cause the issuance of:

(1) writs of habeas corpus;

(2) [, and,] in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari; and

(3) any [. The court and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of such] other writs [as may be] necessary to protect its jurisdiction or enforce its judgments.

Sec. 2. The Supreme Court has [of Criminal Appeals shall have, and is hereby given,] final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations are [shall be] final. [The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. In addition, the Court of Criminal Appeals may, on its own motion, with or without a petition for such discretionary review being filed by one of the parties, review any decision of a court of appeals in a criminal case. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion.]

SECTION 2. Section 52.092(c), Election Code, is amended to read as follows:

(c) Statewide offices of the state government shall be listed in the following order:

(1) governor;

(2) lieutenant governor;

(3) attorney general;

(4) comptroller of public accounts;

(5) commissioner of the General Land Office;

(6) commissioner of agriculture;

(7) railroad commissioner;

(8) chief justice, supreme court;

(9) justice, supreme court[;

[(10) presiding judge, court of criminal appeals;

[(11) judge, court of criminal appeals].

SECTION 3. Section 172.021(g), Election Code, is amended to read as follows:

(g) A candidate for the office of chief justice or justice, supreme court, [or presiding judge or judge, court of criminal appeals,] who chooses to pay the filing fee must also accompany the application with a petition that complies with the requirements prescribed for a petition authorized by Subsection (b), except that the minimum number of signatures that must appear on the petition required by this subsection is 50 from each court of appeals district.

SECTION 4. Section 22.001(a), Government Code, is amended to read as follows:

(a) The supreme court has appellate jurisdiction [, except in criminal law matters,] coextensive with the limits of the state and extending to all questions of law arising in the following cases when they have been brought to the courts of appeals from appealable judgment of the trial courts:

(1) a case in which the justices of a court of appeals disagree on a question of law material to the decision;

(2) a case in which one of the courts of appeals holds differently from a prior decision of another court of appeals or of the supreme court on a question of law material to a decision of the case;

(3) a case involving the construction or validity of a statute necessary to a determination of the case;

(4) a case involving state revenue;

(5) a case in which the railroad commission is a party; and

(6) any other case in which it appears that an error of law has been committed by the court of appeals, and that error is of such importance to the jurisprudence of the state that, in the opinion of the supreme court, it requires correction, but excluding those cases in which the jurisdiction of the court of appeals is made final by statute.

SECTION 5. Section 22.002(a), Government Code, is amended to read as follows:

(a) The supreme court or a justice of the supreme court may issue writs of procedendo and certiorari and all writs of quo warranto and mandamus agreeable to the principles of law regulating those writs, against a statutory county court judge, a statutory probate court judge, a district judge, a court of appeals or a justice of a court of appeals, or any officer of state government except the governor[, the court of criminal appeals, or a judge of the court of criminal appeals].

SECTION 6. The heading to Subchapter B, Chapter 22, Government Code, is amended to read as follows:

SUBCHAPTER B. SUPREME COURT: [OF] CRIMINAL APPEALS

SECTION 7. Subchapter B, Chapter 22, Government Code, is amended by adding Section 22.1011 to read as follows:

Sec. 22.1011. REFERENCE TO COURT OF CRIMINAL APPEALS. A reference in state law to the court of criminal appeals means the supreme court, a reference to a judge of the court of criminal appeals means a justice of the supreme court, and a reference to the presiding judge of the court of criminal appeals means the chief justice of the supreme court.

SECTION 8. Sections 22.102 and 22.103, Government Code, are amended to read as follows:

Sec. 22.102. MANDATE. When the court from which an appeal is taken is deprived of jurisdiction over the case pending the appeal and the case is determined by a court of appeals or the supreme court [of criminal appeals], the mandate of the appellate court that determined the case shall be directed to the court that had jurisdiction over the case, as also provided by Section 22.226.

Sec. 22.103. ASCERTAINMENT OF FACTS. The supreme court [of criminal appeals] may ascertain, on affidavit or otherwise, the matters of fact that are necessary to the exercise of its jurisdiction.

SECTION 9. Section 22.105(a), Government Code, is amended to read as follows:

(a) The fact that a justice [judge] of the supreme court [of criminal appeals] is disqualified under the constitution and laws of this state to hear and determine a case shall be certified to the governor.

SECTION 10. Sections 22.106(a), (c), and (d), Government Code, are amended to read as follows:

(a) The chief justice [presiding judge] of the supreme court [of criminal appeals], with the concurrence of a majority of the justices [judges] of the supreme court [of criminal appeals], may designate and appoint a retired appellate judge or district judge who has consented to be subject to appointment, or an active appellate judge or district judge, to sit as a commissioner of the supreme court [of criminal appeals]. A designated judge must consent to the designation and appointment. The chief justice [presiding judge] may designate and appoint as many commissioners as the chief justice considers [he deems] necessary to aid the court in disposing of its business.

(c) The opinions of a commissioner shall be submitted to the supreme court [of criminal appeals] for approval. When approved by a majority of the court, an opinion of a commissioner has the same weight and legal effect as an opinion originally prepared by the supreme court [of criminal appeals].

(d) The compensation of a judge while sitting as a commissioner of the supreme court [of criminal appeals] shall be paid out of money appropriated from the general revenue fund for that purpose in an amount equal to the salary of the justices [judges] of the supreme court [of criminal appeals] and shall be in lieu of the retirement allowance that the judge receives or in lieu of the compensation the judge [he] receives as an active judge of another court. In addition to the compensation, a judge sitting as a commissioner of the court is entitled to receive the judge's [his] actual travel expenses to and from Austin and a $25 per diem while the judge [he] is assigned to the supreme court [of criminal appeals] in Austin.

SECTION 11. Sections 22.107, 22.108, 22.109, and 22.1095, Government Code, are amended to read as follows:

Sec. 22.107. COMMISSION IN AID OF SUPREME COURT [OF CRIMINAL APPEALS]. (a) In addition to the authority granted by Section 22.106 [of this code], the supreme court [of criminal appeals] may appoint a commission for the aid of the court in disposing of the business before the court. The commission in aid of the court shall discharge the duties that are assigned it by the supreme court [of criminal appeals].

(b) The commission shall be composed of two attorneys having the qualifications fixed by the constitution and laws of this state for a justice [judge] of the supreme court [of criminal appeals]. Commissioners serve two-year terms that expire September 1 of each odd-numbered year.

(c) The opinions of the commissioners in aid of the court shall be submitted to the supreme court [of criminal appeals] for approval. When approved by a majority of the court and handed down as an opinion of the court, an opinion of a commissioner in aid of the court has the same weight and legal effect as an opinion originally prepared and handed down by the supreme court [of criminal appeals].

(d) Each member of the commission is entitled to receive for the member's [his] services the salary that is provided by law.

(e) The supreme court [of criminal appeals] by appointment may fill a vacancy on the commission in aid of the court that is created by the death, resignation, or removal of a member of the commission. A person appointed to fill a vacancy continues in office for the unexpired portion of the term for which the commissioner vacating the office was appointed.

(f) The supreme court [of criminal appeals] shall appoint two stenographers for the commission.

Sec. 22.108. RULES OF APPELLATE PROCEDURE IN CRIMINAL CASES. (a) The supreme court [of criminal appeals] is granted rulemaking power to promulgate rules of posttrial, appellate, and review procedure in criminal cases except that its rules may not abridge, enlarge, or modify the substantive rights of a litigant.

(b) The supreme court [of criminal appeals] may promulgate a comprehensive body of rules of posttrial, appellate, and review procedure in criminal cases and from time to time may promulgate a specific rule or rules of posttrial, appellate, or review procedure in criminal cases or an amendment or amendments to a specific rule or rules. Rules and amendments adopted under this subsection are effective at the time the supreme court [of criminal appeals] considers expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved, modified, or changed by the legislature. The clerk of the supreme court [of criminal appeals] shall file with the secretary of state the rules or amendments to rules promulgated by the supreme court [of criminal appeals] under this subsection.

(c) The rules of posttrial, appellate, and review procedure in criminal cases shall be published in the Texas Register and in the Texas Bar Journal. The supreme court [of criminal appeals] may adopt the method it considers expedient for the printing and distribution of the rules.

Sec. 22.109. RULES OF EVIDENCE IN CRIMINAL CASES. (a) The supreme court [of criminal appeals] has the full rulemaking power in the promulgation of rules of evidence in the trials of criminal cases, except that its rules may not abridge, enlarge, or modify the substantive rights of a litigant.

(b) The supreme court [of criminal appeals] may promulgate a comprehensive body of rules of evidence in the trials of criminal cases and from time to time may promulgate a specific rule or rules of evidence or an amendment or amendments to a specific rule or rules. Rules and amendments adopted under this subsection are effective at the time the supreme court [of criminal appeals] considers expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved by the legislature. The secretary of state shall report the rules or amendments to rules to the next regular session of the legislature by mailing a copy of the rules or amendments to rules to each elected member of the legislature on or before December 1 immediately preceding the session.

(c) The rules of evidence in the trials of criminal cases shall be published in the Texas Register and in the Texas Bar Journal. The supreme court [of criminal appeals] may adopt the method it considers expedient for the printing and distribution of the rules.

Sec. 22.1095. RULES ON ELECTRONIC FILING OF DOCUMENTS FOR CAPITAL CASES IN SUPREME COURT [OF CRIMINAL APPEALS]. [(a)] Notwithstanding Subchapter I, Chapter 51, or any other law, the supreme court [of criminal appeals] may adopt rules and procedures providing for and governing the electronic filing of briefs, pleadings, and other documents for capital cases in that court.

[(b) In the adoption of rules and procedures under Subsection (a), the court of criminal appeals shall coordinate with the supreme court and the rules and procedures adopted by that court.]

SECTION 12. Sections 22.110(a), (b), (c), and (e), Government Code, are amended to read as follows:

(a) The supreme court [of criminal appeals] shall assure that judicial training related to the problems of family violence, sexual assault, and child abuse and neglect is provided.

(b) The supreme court [of criminal appeals] shall adopt the rules necessary to accomplish the purposes of this section. The rules must require each district judge, judge of a statutory county court, associate judge appointed under Chapter 54 of this code or Chapter 201, Family Code, master, referee, and magistrate to complete at least 12 hours of the training within the judge's first term of office or the judicial officer's first four years of service and provide a method for certification of completion of that training. At least four hours of the training must be dedicated to issues related to child abuse and neglect and must cover at least two of the topics described in Subsections (d)(8)-(12). At least six hours of the training must be dedicated to the training described by Subsections (d)(5), (6), and (7). The rules must require each judge and judicial officer to complete an additional five hours of training during each additional term in office or four years of service. At least two hours of the additional training must be dedicated to issues related to child abuse and neglect. The rules must exempt from the training requirement of this subsection each judge or judicial officer who files an affidavit stating that the judge or judicial officer does not hear any cases involving family violence, sexual assault, or child abuse and neglect.

(c) In adopting the rules, the supreme court [of criminal appeals] may consult with [the supreme court and with] professional groups and associations in the state that have expertise in the subject matter to obtain the recommendations of those groups or associations for instruction content.

(e) The supreme court [of criminal appeals] or the court's designee shall report the name of a judge or judicial officer who does not comply with the requirements of this section to the State Commission on Judicial Conduct.

SECTION 13. Sections 22.1105(b) and (c), Government Code, are amended to read as follows:

(b) The supreme court [of criminal appeals] shall adopt the rules necessary to provide for the training required under Subsection (a). The rules must require a judge described by Subsection (a) to complete two hours of the required training every judicial academic year that ends in a 0 or a 5 as part of the training the judge is required to complete under rules adopted by the supreme court [of criminal appeals] or other law.

(c) In adopting the rules, the supreme court [of criminal appeals] may consult with [the supreme court and with] professional groups and associations in this state that have expertise in the subject matter to obtain the recommendations of those groups or associations for instructional content.

SECTION 14. Section 22.111, Government Code, is amended to read as follows:

Sec. 22.111. TRAINING FOR PROSECUTING ATTORNEYS RELATED TO PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The supreme court [of criminal appeals] shall provide to prosecuting attorneys training related to the use of Section 12.47, Penal Code, and Article 42.014, Code of Criminal Procedure, for enhancing punishment on a finding that an offense was committed because of the defendant's bias or prejudice as defined in Article 42.014, Code of Criminal Procedure.

SECTION 15. Sections 22.226 and 22.301, Government Code, are amended to read as follows:

Sec. 22.226. MANDATE. When the court from which an appeal is taken is deprived of jurisdiction over the case pending the appeal and the case is determined by a court of appeals or the supreme court [of criminal appeals], the mandate of the appellate court that determines the case shall be directed to the court that had jurisdiction over the case, as also provided by Section 22.102.

Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF APPELLATE COURTS. The salaries of the state prosecuting attorney and the clerks, other officers, and employees of the supreme court[, court of criminal appeals,] and courts of appeals shall be determined by the legislature in its appropriation acts for the support of the judiciary.

SECTION 16. Section 22.302(a), Government Code, is amended to read as follows:

(a) At the discretion of its chief justice [or presiding judge], the supreme court[, the court of criminal appeals,] or a court of appeals may order that oral argument be presented through the use of teleconferencing technology. The court and the parties or their attorneys may participate in oral argument from any location through the use of teleconferencing technology.

SECTION 17. The following sections of the Government Code are repealed:

(1) Sections 22.0035(d) and (e);

(2) Section 22.101; and

(3) Section 22.112.

SECTION 18. This Act takes effect on the date on which the constitutional amendment proposed by the 82nd Legislature, Regular Session, 2011, to abolish the court of criminal appeals and vest that court's criminal jurisdiction in the supreme court takes effect. If that amendment is not approved by the voters, this Act has no effect.